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Lake County, IN Code of Ordinances
LAKE COUNTY, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 4.9 SICK DAYS/PERSONAL LEAVE
   (A)   The County provides full-time employees with sick and personal days. Sick time should be used only for legitimate illness of an employee, his/her spouse or child (under 18 years of age), while personal time may be used to attend to personal issues/business during regularly scheduled workdays. Accrued sick time must be used in conjunction with any approved Family and Medical Leave Act (FMLA) leave.
   (B)   Employees are provided sick days depending on the date of hire. Employees hired prior to 5/13/2003 receive a total of 12 (twelve) days per year and may be used in any combination of sick or personal leave. Employees hired on or after 5/13/2003 receive a total of 10 (ten) days per year and may be used in any combination of sick or personal leave. Leave may be taken in half or full day increments (see the Flexible Schedule section for details as to how such leave applies to employees working a flexible schedule).
   (C)   Except for probationary employees who earn sick/personal leave on a monthly basis, eligible employees receive their full amount of sick/personal leave each January. The employee's full allotment of sick/personal days is available for use beginning each January 1st.
   (D)   An employee who is absent for three or more days shall be required to provide his/her supervisor with a doctor's statement (in accordance with federal health privacy laws) indicating that the employee was unable to work. The abuse of sick time may lead to disciplinary action.
   (E)   Carry Over of Unused Time - Employees may carry up to six (6) days of unused sick/personal leave annually. All leave carried over may be used as sick leave only. Employees may accumulate up to a maximum of fifty (50) days. Bank days may be used for an illness that incapacitates an employee for 3 (three) or more days and for which that employee is under the care of a healthcare provider.
   (F)   Probationary Employees - Although employees begin earning sick/personal time from the first day of hire, probationary employees may not use such time until after completing their probationary period. Should the employee be terminated prior to completing the probationary period, that employee is not entitled to payment for the time earned.
   (G)   Retirement or Separation Value - Generally, employees are not eligible for payment or reimbursement for unused sick or personal time upon termination (voluntary or involuntary). An exception to this policy is provided to employees who are retiring and are eligible for a PERF pension (See “Mandatory Benefits - PERF” for details). A retiring employee shall be reimbursed at a rate of one (1) day's pay for every three (3) days of sick time. Payment of this benefit will be made on the employee's last paycheck.
   (H)   Additional Provisions
      (1)   Sick leave accruals are transferred if the employee changes to another department within the County and remains a full-time employee. Sick leave is always paid at the current rate of pay when taken.
      (2)   If an employee becomes ill or injured while on vacation, the scheduled vacation shall be counted as vacation, if the disability continues beyond the scheduled time of vacation, the sick leave allowance (if any) shall begin on the first scheduled working day after the end of the scheduled vacation.
      (3)   Each department shall have a complete record-keeping system of employee's sick time earned and taken.
§ 4.10 SHORT TERM DISABILITY
   (A)   Employees who have completed at least one full year (12 months) of employment with the County are eligible for up to 12 weeks of short term disability. This benefit provides an employee who is unable to work (due to other than a work related injury) $100.00 per week during the absence (not to exceed 12 weeks). If the absence also qualifies for leave under the Family and Medical Leave Act, the short term disability benefits will be paid congruent to any non-paid leave (it will not be paid for those periods covered by vacation or sick time.
   (B)   In the event that an employee does not use his/her entire allotment of disability leave during an approved FMLA leave, that employee retains the unused balance of disability leave for the remainder of that calendar year. Unused leave does not "rollover" to subsequent years.
§ 4.11 VACATION
   (A)   All full time employees are eligible for paid vacation based on the length of continuous service with the County. Certain eligibility requirements and guidelines apply.
   (B)   The County provides two schedules for earning vacation:
      (1)   Employees hired on or before 6/10/2003
      (2)   Employees hired after 6/10/2003
   (C)   Earning Vacation - Vacation is earned based on the length of service of the employee and his/her anniversary date.
   (D)   Vacation Hired On or Before 6/10/2003
      (1)   First vacation: During the first year of service, an employee earns one vacation day for each full month of service up to a maximum of 5 (five) days. These days will accumulate for use in the following calendar year and after the employee's anniversary date. Employees may not use vacation during their first year of service.
      (2)   Vacation in subsequent years:
         (a)   Beginning with the second full year of employment (January 1st of that year), an employee will be eligible for vacation based on the following schedule to a maximum of 30 (thirty) days.
         (b)   Beginning with an employee's:
            1.   Second through five years of employment: Ten (10) days per calendar year
            2.   Sixth year of employment: Fifteen (15) days per calendar year
            3.   Seventh year of employment: Sixteen days (16) days per calendar year
            4.   Eighth year of employment: Seventeen days (17) days per calendar year
            5.   Ninth year of employment: Eighteen days (18) days per calendar year
            6.   Tenth year of employment: Nineteen days (19) days per calendar year
            7.   Eleventh year of employment: Twenty days (20) days per calendar year
            8.   Twelfth year of employment: Twenty-one days (21) days per calendar year
            9.   Thirteenth year of employment: Twenty-two days (22) days per calendar year
            10.   Fourteenth year of employment: Twenty-three days (23) days per calendar year
            11.   Fifteenth year of employment: Twenty-four days (24) days per calendar year
            12.   Sixteenth year of employment: Twenty-five days (25) days per calendar year
            13.   Seventeenth year of employment: Twenty-six days (26) days per calendar year
            14.   Eighteenth year of employment: Twenty-seven days (27) days per calendar year
            15.   Nineteenth year of employment: Twenty-eight days (28) days per calendar year
            16.   Twentieth year of employment: Twenty-nine days (29) days per calendar year
            17.   Twenty-first year of employment: Thirty days (30) days per calendar year
   (E)   Vacation Hired After 6/10/2003
      (1)   First vacation: During the first year of service, an employee earns one vacation day for each full month of service up to a maximum of 5 (five) days. These days will accumulate for use in the following calendar year after the employee's anniversary date. Employees may not use vacation during their first year of service.
      (2)   Vacation in subsequent years:
         (a)   Beginning with the second full year of employment (January 1st of that year), an employee will be eligible for vacation based on the following schedule to a maximum of 25 (twenty-five) days.
         (b)   Beginning with an employee's:
            1.   Second through five years of employment: Ten (10) days per calendar year
            2.   Sixth year of employment: Eleven (11) days per calendar year
            3.   Seventh year of employment: Twelve days (12) days per calendar year
            4.   Eighth year of employment: Thirteen days (13) days per calendar year
            5.   Ninth year of employment: Fourteen days (14) days per calendar year
            6.   Tenth year of employment: Fifteen days (15) days per calendar year
            7.   Eleventh year of employment: Sixteen days (16) days per calendar year
            8.   Twelfth year of employment: Seventeen days (17) days per calendar year
            9.   Thirteenth year of employment: Eighteen days (18) days per calendar year
            10.   Fourteenth year of employment: Nineteen days (19) days per calendar year
            11.   Fifteenth year of employment: Twenty days (20) days per calendar year
            12.   Sixteenth year of employment: Twenty-One days (21) days per calendar year
            13.   Seventeenth year of employment: Twenty-Two days (22) days per calendar year
            14.   Eighteenth year of employment: Twenty-Three days (23) days per calendar year
            15.   Nineteenth year of employment: Twenty-Four days (24) days per calendar year
            16.   Twentieth year of employment: Twenty-Five days (25) days per calendar year
            17.   Twenty-first year of employment: Twenty-Five days (25) days per calendar year
      (3)   Forced consolidation. This policy shall affect only those employees who are hired by the County due a transfer of responsibility from a municipality to the County and required by State law, the following provisions shall apply:
         (a)   Employees with less than two (2) years of service with an existing municipality shall be subject to the regular vacation policy of Lake County Government.
         (b)   Employees with at least two (2) years but less than five (5) years of service with an existing municipality shall receive ten (10) days of vacation after ninety (90) days of service and pro-rated during the first year of service. The employee’s vacation earnings shall transfer to the county’s regular vacation schedule beginning with January of the employee’s sixth (6th) year of service.
         (c)   Employees with at least five (5) years of service less than ten (10) years of service with an existing municipality shall receive twelve (12) days of vacation after ninety (90) days of service and pro-rated during the first year of service. The employee’s vacation endings shall transfer to the county’s regular vacation schedule beginning with January of the employee’s eighth (8th) year of service.
         (d)   Employees with at least ten (10) years of service with an existing municipality shall receive fifteen (15) days of vacation after ninety (90) days of service and pro-rated during the greater of service and pro-rated during the first year of service. The employee’s vacation earnings shall transfer to the county’s regular vacation schedule beginning with January of the employee’s eleventh (11th) year of service.
         (e)   Employees with at least fifteen (15) years of service with an existing municipality shall receive seventeen (17) days of vacation after ninety (90) days of service and pro-rated during the first year of service. The employee’s vacation endings shall transfer to the county’s regular vacation schedule beginning with January of the employee’s thirteenth (13th) year of service.
         (f)   Employees covered by this policy shall not advance (outside of this policy) in the regular county vacation policy until completing the years of service as noted above at which time, the employee will be converted to the regular vacation schedule.
         (g)   The aforementioned vacation shall be selected by the employee’s start date with the county. No other consideration for seniority shall be granted. Vacation shall be scheduled accordingly by the Department head.
   (F)   General Guidelines
      (1)   Vacation time is not granted until earned. Vacations shall be scheduled within each department pursuant to the needs of the department and the ability of the remaining staff to do the work in a proper manner. Vacation should be taken in no more than one week increments unless approved by the department head and appropriate elected official. A vacation may be split into blocks of time less than one week providing that such a schedule does not hamper office functions. A scheduled vacation may be changed in case of an emergency.
      (2)   Department heads shall have the authority to designate certain time periods in the year during which no vacations may be taken if the prohibition is based upon the necessity of operations.
      (3)   Generally, vacation time must be taken in the year that it was provided. However, an employee, with the approval of their department head, may carryover up to one week of vacation provided that the time is used prior to April 30th of the following year.
      (4)   Time of service by the employee is transferable between County departments and/or County divisions. The value of a vacation is determined at the time of use, rather than when the vacation was earned.
      (5)   Whenever a holiday falls during an employee's scheduled week of vacation, he/she does not need to use a vacation day for that holiday.
      (6)   If an employee becomes ill or injured while on vacation, the scheduled vacation time shall be counted as vacation days rather than sick days. If the illness/disability continues beyond the scheduled vacation time, the sick leave allowances (if any) shall begin on the first scheduled working day after the scheduled vacation.
      (7)   If an employee is terminated for any reason, all unused vacation will be paid to the employee (or in the event of an employee death, to the survivor).
   (G)   Use of Vacation In the Event of Illness/Disability
      (1)   In the event that an employee exhausts all of his/her short term disability benefits, FMLA leave or sick or personal leave, that employee must then utilize any unused vacation. Upon exhausting any unused vacation, the employee may become eligible for COBRA benefits.
      (2)   During a non-paid leave of absence, vacation time will not accrue. For each full month an employee is on a leave of absence, the employee will not earn vacation days which would otherwise be taken the following year. The following schedule shall be applied when calculating vacation time for an employee who was on a non-paid leave of absence.
 
Amount Eligible To Earn
Amount Deducted For Each Full Month Absent
Two weeks
.5 day
Three weeks
1.0 day
Four weeks
1.5 days
Five weeks
2.0 days
Six weeks
2.5 days
 
      (3)   This provision does not affect vacation time previously earned.
   (H)   Conversion to Flexible Schedule - If an employee is assigned to a compressed or flexible schedule (a schedule where an employee normally works more than eight hours a day or fewer than five workdays per week), that employee's vacation days are converted to hours rather than days. For example, an employee who has earned two weeks of vacation is entitled to eighty (80) hours of paid vacation time.
§ 4.12 WORKER COMPENSATION
   (A)   When any employee, regardless of status (full, part, temporary, seasonal, etc.) is injured on the job, he/she must immediately notify his/her supervisor. He/she will be directed to the medical provider assigned by the County's insurance department for treatment and must obtain a release to return to work from the same provider before returning to work. Employees may not receive treatment from his/her own physician for treatment of a work-related injury.
   (B)   If an employee is injured or disabled while working (at his/her County position) and must, due to that injury or disability, miss work (a physician has certified that the employee is unable to work) the employee will not be paid during a five (5) calendar day waiting period that begins on the first day of incapacity. After the waiting period, he/she will be paid at the rate set for an employee on worker's compensation. During the five day waiting period an employee may use any available sick/personal or vacation time.
   (C)   When an employee is injured on the job, he/she is not entitled to receive both full pay from the County (by the use of sick/vacation days) and benefits from worker compensation for the same period of time. Although the actual length and amount of worker compensation coverage varies, a maximum limit of 500 weeks of compensation is set by state statute.
   (D)   Additional Provisions
      (1)   When he/she returns to work after sick leave (Leave of Absence) from an on-the-job injury, he/she will again begin to earn sick days.
      (2)   If an employee misses work for an on-the-job injury for which worker compensation pays benefits, the County shall continue insurance benefits (as they were when the employee was working). The employee is responsible for making his/her normal contribution. Once such worker compensation benefits end, the employee must obtain and maintain his/her own insurance (at a cost equal to the COBRA rate).
      (3)   When an employee misses work due to an on-the-job injury, he/she must submit a statement from the County's medical provider estimating how long it will be before he/she may return to work. If the employee is not able to return to work pursuant to the provider's estimate, he/she must obtain and submit an additional statement from the medical provider, extending that leave. When returning to work, an employee must bring a medical release to return to work.
      (4)   The County provides “light duty” in those cases where the department has that type of work available and a physician has authorized such work. The release should state how long the “light duty” could be expected to be in effect. If the department does not have any “light duty” available, the employee must be cleared by the County's medical provider before returning to work.
§ 4.13 MANDATORY BENEFITS
   (A)   These benefits apply to all County and Utility employees not covered under the Police or Fire Pension plans:
      (1)   Social Security - Provides benefits for death, disability and retirement. For a full description of this benefit, please contact the local Social Security Office.
      (2)   Medicare - Provides limited health insurance coverage to retired employees and those who are disabled. For a full description of this benefit, please contact Medicare.
      (3)   Worker Compensation - Injuries or illnesses incurred on the job are compensable under provisions of State law. This includes payment of medical expenses resulting from such an injury or illness and limited liability for death, dismemberment and disability. These benefits are provided on a case-by-case basis. Please contact the Insurance Department for additional information.
      (4)   Unemployment Insurance - This benefit provides compensation to full-time employees in accordance with State laws in cases of involuntary termination based on a lack of work or other good cause. Please check with the Indiana Employment Security Office regarding this benefit.
      (5)   Public Employment Fund (PERF)
         (a)   PERF is available to all full time employees except those who are part of an emergency service, part-time employees, and seasonal employees or in a fee paid position with the County. All full time employees are required to participate upon employment. The County contributes the employee's share (equal to 3% of the employee's pay) as well as the employer's share of PERF. A new employee may not waive participation in the Public Employees Retirement Fund (PERF). If the employee leaves the employment of the County and is not qualified for retirement, he/she may apply for a cash refund of a portion of all monies contributed plus interest accumulated.
         (b)   Eligibility for a PERF pensions depends on the years of service and age:
            1.   Full Benefit:
               a.   Age 65 with 10 year of service
               b.   Age 60 with 15 years of service
               c.   Rule of 85 - Have at least 10 years of service, be at least age 55 and have a combination of age and years of service that totals 85.
            2.   Partial (or reduced) Benefit: Age 50 - 59 with at least 15 years of service
         (c)   State law governs eligibility for PERF retirement benefits and all rules and regulations regarding PERF are established and modified by the State of Indiana. An employee interested in additional information regarding his/her PERF benefits should contact the County Auditor's Office.
   (B)   Benefit at Retirement
      (1)   The amount of benefits at retirement is affected by such factors as:
         (a)   Service credit,
         (b)   Military service,
         (c)   Prior service,
         (d)   Leave of absence,
         (e)   Membership service,
         (f)   Average salary, and
         (g)   Age of retirement.
      (2)   A retiring employee should contact the Public Employees retirement Fund at least six (6) months prior to retirement and the Insurance Department and the Auditor's Office six (6) weeks prior to his/her retirement date to assure a smooth transition.
§ 4.14 HEALTH INSURANCE UPON RETIREMENT
   (A)   Employees who have twenty (20) or more years of service with the County and are under the age of 65, or fifteen (15) years of service and over the age of 65, are entitled to health insurance benefits upon retirement, subject to the retiree contribution. Employees who have twenty five (25) years of service shall receive health insurance benefits at no cost (after age 65).
   (B)   Elected officials with at least twelve (12) years of service in a County position and are at least 65 years of age level are also eligible for coverage upon retirement.
§ 4.15 VOLUNTARY SUPPLEMENTAL BENEFITS
   (A)   The County offers its employees a series of supplemental benefits. The selection of these benefits is voluntary and the cost is paid by the employee.
      (1)   457 Account - This account allows government employees to invest pre-tax dollars for retirement in a variety of mutual funds and securities. The funds are portable and can be rolled over to another qualified plan. The 457 Plan is provided through several reputable financial services firms.
      (2)   Supplemental Life - Additional life insurance may be purchased by an employee of the County. The maximum amount of additional insurance is $100,000.00. An employee may also purchase additional life insurance through several insurance companies with reduced rate plans for County employees.
      (3)   Supplemental Disability - The County offers disability coverage through AFLAC, or CONSECO. The terms and conditions of these plans are determined by the provider.
      (4)   Supplemental Catastrophic Care Coverage - This policy covers an employee in the event of certain catastrophic medical illnesses.
   (B)   Additional information for the aforementioned benefits can be obtained from the Insurance Department.
(Ord. 1285B, passed 3-13-2007; Ord. 1285B-2, passed 3-11-2008; Ord. 1285B-3, passed 3-11-2008; Ord. 1285B-4, passed 6-10-2008; Ord. 1285B-5, passed 8-12-2008; Ord. 1285B-6, passed 8-26-2008; Ord. 1285B-7, passed 9-9-2008; Ord. 1285B-8, passed 10-14-2008; Ord. 1285B-9, passed 5-12-2009; Ord. 1285B-10, passed 6-9-2009; Ord. 1285B-11, passed 1-12-2010; Ord. 1285B-12, passed 2-23-2010; Ord. 1285B-13, passed 7-13-2010; Ord. 1285B-14, passed 9-22-2010; Ord. 1285B-16, passed 5-15-2012; Ord. 1356C, passed 1-8-2013; Ord. 1356C-1, passed 9-9-2014; Ord. 1356C-2, passed 5-12-2015; Ord. 1356C-4, passed 8-8-2017)
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